Definición de despido colectivo (número de empleados afectados):
The LL does not define collective dismissal in terms of the number of employees concerned.
Specific notification requirements apply to any individual and collective dismissal on economic grounds or due to internal reorganization, restructuring following economic difficulties or technological transfers with the aim of protecting the competitiveness of the enterprise under Art. 21 LL.
Consultación previa con los sindicatos (representantes de los trabajadores):
No preliminary consultation required in the LL (art. 34 LL).
Note: Such requirement was included in the former Labour Code (2001), repealed by the 2009 LC: any employer intending to dismiss workers on economic grounds was required, before implementing his/her decision, to inform the worker's representatives of the causes and criteria, and the date the proposed dismissals and to undertake consultations with them on measures that could be taken to prevent or limit the dismissals.
Notificación a la administración:
Art. 21 LL establishes an obligation to inform the competent labour inspector in writing.
Notificación a los representantes de los trabajadores:
NEW: Art. 21 of the 2018 LL, which repealed the 2009 LL, provides that an employer may, after informing employees' representatives in the enterprise, proceed with individual or collective dismissal due to the enterprise's internal reorganization or restructuring due to economic reason or technological transfer with the aim of preserving the enterprise's competitiveness
Aprobación de la administración publica o de organismos judiciales:
Acuerdo de los representantes de los trabajadores:
Reglas de prioridad para los despidos colectivos (consideraciones sociales, edad, años de servicio):
Art. 21 LL provides that the employer must place employees on the list of those to be dismissed based on performance, professional qualification, experience in the enterprise and legally recognized dependents of each employee.
Art. 22 LL does not provide any criteria for re-employment. Instead, it establishes a general right of reinstatement. Any employee dismissed for economic or technical reasons, and whose dismissal does not last more than six (6) months is entitled to be reinstated in employment without competition when he/she meets the profile required for the position to which the employer seeks to fill.
Obligación del empleador de considerar solucionés alternativas al despido (transferencia, formación...):
No statutory obligation to consider alternatives to dismissals in the LC (art. 21 LL).
Note: Such requirement was included in the former Labour Code (2001): any employer intending to dismiss workers on economic grounds was required, before implementing his/her decision, to inform the worker's representatives of the causes and criteria, and the date the proposed dismissals and to undertake consultations with them on measures that could be taken to prevent or limit the dismissals.
Reglas de prioridad para la re-contratación: